Section 10(11) and 10(12) of the Act deal with exemption on payments from provident funds, while section 80C of the act deals with allowance of deductions on contributions to provident funds. The following are the types of provident funds.

Recognized Provident Fund (RPF): This scheme is applicable to an organization which employs 20 or more employees. An organization can also voluntarily opt for this scheme. All RPF schemes must be approved by The Commissioner of Income Tax. Here the company can either opt for government approved scheme or the employer and employees can together start a PF scheme by forming a Trust. The Trust so created shall invest funds in specified manner. The income of the trust shall also be exempt from income taxes.

Unrecognized Provident Fund (URPF): Such schemes are those that are started by employer and employees in an establishment, but are not approved by The Commissioner of Income Tax. Since they are not recognized, URPF schemes have a different tax treatment as compared to RPFs.

Public Provident Fund (PPF): This is a scheme under Public Provident Fund Act 1968. In this scheme even self-employed persons can make a contribution. The minimum contribution is Rs. 500 per annum and the maximum contribution is Rs. 150,000 per annum. The contribution made along with interest earned is repayable after 15 years, unless extended. All about PPF and Income tax benefit

Tax treatment of Provident Fund can be discussed under two scenarios:

One during continuity of job, and

Upon receipt of accumulated balance of provident fund at the time of retirement or resignation

Where Period of service less than 5 years, the termination is due to ill health, discontinuance of business of employer. OR

here on re-employment, the balance in R.P.F is transferred to R.P.F with new employer. [For the purpose of computing 5 years period, Period of services rendered with previous employer shall also be included.]

If none of the above conditions are satisfied then:

The amount not taxed earlier shall be taxed in the same manner as URPF, given below.

Any tax concession (e.g. 80C) availed by assesses for contribution to RPF shall now be withdrawn.

URPF

No deduction under section 80C available

Any amount of contribution is not taxable

Not taxable

Sum received on retirement/ termination comprise of following:Employer’s Contribution and interest there on: Taxable as Salary Income. Employee’s own Contribution : It is not taxable. Interest on employee’s contribution: Taxable as income from other sources.

SPF

Deduction under Section 80C is available.

Fully Exempt

Fully Exempt

Fully Exempt

PPF

Assessee / Employee can make contribution to PPF, No concept of Employer’s Contribution. Deduction under section 80C available on contribution made.

Amount received (including interest) is Fully Exempt.

Frequently asked Questions:-

Q. When I left my earlier company, I opted for the withdrawal of my provident fund money that was being maintained by the company in a trust. The company deducted tax on withdrawal.I was under the impression that Employees Provident Fund is tax-free.Also, if I withdraw money from my Public Provident Fund account will that also be subject to tax?

A. – We presume your earlier company maintained a recognised provident fund account, which is referred to as RPF. On withdrawal from RPF at the time of termination of service, the accumulated balance is exempt from tax only if you have been in continuous service for a period of five years or more. Service rendered to the previous employer is also to be included. If the continuous service is less than five years due to reasons beyond your control (ill health, or discontinuance of employer’s business), you still will be eligible for exemption. If not, then you will be taxed on withdrawal of the accumulated balance from the RPF. Withdrawals from the PPF account is based on defined eligibility criteria. Such withdrawals are not taxed.

Q. I have got an offer from a company who has filed for an exemption from Provident Fund laws.

1. Is it legal to have such exemptions? 2. What are my alternatives to proceed with this company with respect to my PF account with my current company?3. Can I still contribute to the PF account and what will be the tax benefits on the same?

A. Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, stipulates certain conditions that need to be satisfied for an establishment to be exempted from the operation of this Act. So it may be possible that this company is availing of the exemption legally. In respect of your PF account with your earlier employer, you could choose either of the following propositions:

1. Close the account and withdraw the balance lying to your credit. If your contributions are pertaining to five or more years of continuous period of employment, then there would be no tax impact on such withdrawal.

2. Transfer the balance PF from your old employer to your new employer. In this case, though, there would be no fresh contributions during your employment with the new employer.

Q. I have changed my job. Can I transfer my Provident Fund deducted by the previous employer to my Provident Fund account with the new employer?

A. Yes, you can transfer your old Provident Fund account to your new employer. The process to do this is very simple. Upon your change in employment, file a Form 13 with the new employer. Thereafter, the labour consultant or human resources department of your new employer shall follow up on the transfer process with the Provident Fund authorities.

Q. Can I take an withdrawal/advance from the balance accumulated in my Provident Fund account?

A. Yes, you can take a withdrawal/advance from your Provident Fund account. Here is the process:

Upon resignation or retirement from an establishment you can apply for PF withdrawal using Form 19. Withdrawal is allowed under two options:

If the member has attained 55 years of age; or

ii. The member should not work in any covered establishment for a period of 2 months from the exit date.

Additionally, you also have an option to withdraw funds from your Employee Pension Scheme. If you choose to do so, you will need to file an application using Form 10C.

You can also take an advances from your Provident Fund account, but only for certain specified purposes. The application for an advance is made using Form 31. Advance may be availed for the following purposes:

Marriage expenses for self, son, daughter and brother / sister

Education for self, son, daughter

Medical treatment

Purchase or construction of dwelling house.

Repayment of housing loan

Purchase of plot

Addition or alteration of house

Repair of house

Lockout or closure of establishment by employer

Withdrawal prior to retirement

Please note that the amount of advance or withdrawal is not required to be refunded back into the account under normal circumstances. However, if the amount is not utilized for the specified purpose, then the same will need to be refunded with penal interest.

A fixed minimum balance in the account has to be maintained before arriving at the amount of advance that can be taken from the account.

Q.Interest Rate for PF

A. The rate of interest that you earn on your PF investment is fixed by the Central Government every year in March / April. The rate of interest changes every year, but due to the nature of politics in India, it is usually higher than the prevailing market rates.

Q. What is the taxability of interest on Provident fund deposits ?

A. The tax treatment of interest on Provident Fund is as follows

-Recognized Provident Fund:Interest on provident fund is exempt up to 9.5%. Interest exceeding 9.5% will be added to employee’s salary income

i have retired from SBI on oct 2014. i received arrears of pay revision in 2015/16 of about 113000/ plus my PF contribution of 32000/-. now in my form 16 total salary is shown as 145000/- which is gross including my PF. ON RETIREMENT ENTIRE PF IS NOT TAXABLE SO PLEASE CLARFY MY TAX LAIBILITY

I have worked for 4 years in a company till mid of dec 14 & Joined another company thereafter. I withdraw my PF accumulated for four year. the amount received after TDS. For 2015-16 year assessment, I filled ITR V with two form 16 received from both the employer. Now i receive a additional tax demand from CPC. was it required to show income from PF withdrawal in addition to taxable income from employer while filling ITR V.

I had worked for an oranization for more than 5 years, i have not withdrawn my pf from there. – How will i know the status of my balance from previous organization. – Will interest be paid on that balance ? – Can i add that balance to my UAN ID ? – The EPS balance does not get any interest , can i withdraw that. – will i be taxed on withdrawing previous PF where i spent 5+yrs ?

Please clarify Notification No. 69/2010 dated 26.08.2010 Notification of interest rate on RPF as 8.5% w.e.f. 1.9.2010, the interest in excess of which would be taxable as salary. Rule 6 of Part A of the Fourth Schedule to the Income tax Act, 1961, provides, inter alia, that interest credited on the balance to the credit of an employee participating in a recognized provident fund in so far as it is allowed at a rate exceeding such rate notified by the Central Government, shall be deemed to have been received by the employee in the relevant previous year and shall be included in his total income. Accordingly, the Central Government has notified, w.e.f. 1st September, 2010, in exercise of the powers conferred by Rule 6, 8.5% as the rate of interest on Employer’s annual contributions in a recognised provident fund. This implies that w.e.f. 1st September 2010 interest credited on the balance to the credit of the employee in excess of 8.5 percent shall be deemed to have been received by the employee in the previous year and shall be included in the total income of the employee. Prior to this date, the interest credited in excess of 9.5% was deemed to be the income of the employee. Is there any change in this rule

Thanks for the insight. Please I have been dealing with a situation for a while now. I worked in India for more than 5 years as a foreigner and I have been unable to repatriate my PF because my bank requires that I confirm payment of my tax and my employer is not in a position to confirm such payment of tax on PF, neither can I get hold of the PF office. Please, is PF really taxable? I would appreciate your help. Thank you

Dear Sir I worked in a private company for more than 2 years, and after resigning i applied for PF withdrawal in Oct. 2014. Subsequently i got credited PF and Pension money seperately in my account in Dec 2014. Now i want to know that 1) Whether TDS was deducted by PF authorities before payment or i have to make tax payment to Income Tax Dept for that earning. 2) The money received is taxable or not as it was ruled in Budget 2015 that the amount withdrawn before 5 yrs of service would be taxed. whether this type of rule was there before March 2015.

I have resigned after 24 years of service from a pvt company, and have not withdrawn my PF balance yet. I have not joined any other company. The previous company has deducted TDS at 10% on the interest on my PF deposit. Please clarify rules for taxation of PF amount in such a case.

Dear Sir, I retired from the services of the company at the age of 63 years in Nocember 2014. In May2015 i applied for EPF withdrawal.now i am told that it is Taxable. i thought that PF withdrawal on retirement is not taxable. can you clarify.

I have a doubt, hope u will able to help me. sir i left the last private company of service period of 2 year and withdraw pf amount and join the govt organization. in my case will this pf amount taxable or not? Plz suggest.

I RESIGNED MY JOB after working for more than 5 years and I don’t want to work any more, I wanted to maintain the balance accumulated in my SPF A/C and I don’t want to withdraw it. Does the interest on that accumulated balance chargeable to Tax?

Sir, As mentioned earlier I am an employee of the university. As per the university’s statutes PF deductions from employee’s salary is deposited in a bank account operated jointly by the employee concerned and the principal of the college. The gross balance in the account (Employee’s contribution +interest earned) is paid to the employee at the time of retirement or the nominee of the employee at the death of the employee. The fund in the account is fixed to earn more income to the fund but the bank deduct TDS on interest paid and this TDS is shown against the employee’s PAN in 26AS. This means that this is an income of the employee which is not true and as it is shown as income of the employee it is taxable income of the employee. Here the question is——— 1.How to stop the Bank from deducting TDS on interest paid to the account as the interest on statutory provident fund is tax free. 2. How the TDS already deducted can be got refunded. 3. What should I do So that The interest paid to my PF account is not taxable for me regards———-mahendra

Sir I am an employee of an university. My employer deducts 10% of Basic salary as PF deduction. It deposited in a Bank account in the name of employee concerned and the Principal of the college. In the account my PAN number has been provided to the bank as per the requirement of the Bank. From time to time the sum deposited in the account is fixed to earn more interest on fund. The Bank deducts TDS on the interest paid to the account and it is placed against my PAN account. Thus my 26AS shows interest received which istaxable as income from other sources. But in fact it is not an income of mine.In this regard I want to know———- 1. What should I do So that The interest paid to my PF account is not taxable for me 2. What should I do so that the Bank do not deduct TDS on the interest paid on account as the interest is paid on statutory providend fund deposits I shall be highly obliged if I get answers to the above questions. Regards———- mahendra

Pl can you tell me as to when PF is withdrawn after 30 yrs of service on retirement till what period does it earn interest at the company Trust? Is it till the end of previous month to month of payout or till the previous day of payout?

My spouse left her job in Nov-2013 after marriage and is engaged household duty since then. She haven’t pursed new job post marriage and have no income. She have withdrawn her PF amount from PF trust managed by organization and got the amount credited to her bank post TDS deduction.

Since she has no income for FY-2014-15 (AY-2015-16), can she file a tax return and claim the deducted TDS as her income falls below taxable limit.

sir i want to know whether there is any mandatory requirement of having approval/ sanction of exemption of provident fund being maintained by a recognized pf trust by cit bareilly…..sir in our bank we have a recognized pf trust estb in 2010 ….we have been complying all prevalent rules & regulations rega. accounting , contributions , interest payment , investment pattern and so on so forth ….would there be any breach of rules & offence in eyes of law if we have not applied for any sort of approval from any pf authorities since we had received regonition from commissioner of income tax bareilly region UP …..please ….guide us

We are PSU. we have our own RPF. if trust wants to pay the more interest to the members than the rate of interest declared by EPFO then whether this additional interest credited to members account is taxable or not? please suggest.

Sir I joined a company X having its RPF on 01.07.2009.I changed my job and joined another PSU having its RPF on 27.05.2011 and get my PF amount transferred to new company. But due to some personnel reasons,, I left the job on 23.12.11. I again joined Central govt on 29.11.12 and till date continuing the job. Recently I withdrew my PF account due to non availability of any PF account for central govt. employee after 2005.When I withdrew my amount, it has already been 5 years from opening of my PF account and joining service. In this case I have not in continous service for 5 years due to gap from 23.12.11 to 29.11.2012. I want to know whether I have to pay taxes to income tax department or not as no tax deduction has been done by the employer for this PF withdrawl. Kindly advise suitably.

We are PSU. we have our own RPF. if trust wants to pay the more interest to the members than the rate of interest declared by EPFO then whether this additional interest credited to members account is taxable or not? please suggest.

I am working in manufacturing company and my querry is that if i contribute PF 15 % in recongnised provident fund what rule for taxability for interest credited in recognised provident fund. If we cntribute morethan 12% in that case ant change in taxability on interest credited.

I have worked in X company for more than 5 years and I withdrawn the total PF and after that I have joined in another company and i was there for 3 years and resigned from the said second company and also withdrawn the PF accumulated balance in the new PF account. So my question is since i was in continuous service for more than 5 years in first company does the balance drawn PF account of the second company just because i have opened new account with PF is it subject to taxable under salaries head ?

I am an employee covered under RPF. I will be retiring on 31.7.14 and will be withdrawing the whole sum in my PF account in the month of august 2014. i want to know whether i will be allowed deduction under 80C for the contribution made between the period April 2014 to July 2014 inspite the fact i am withdrawing the whole pf amount in the year 2014 itself?

Sir, I am an employee of an educational institute and we RE GOVERNED BY statutory provident fund Act 1925. We are investing our money on our own in nationalized banks AS PER govt. order. Can we distribute the total interest earned by us or should we also follow the government rate of interest. Kindly help by replying at the earliest. Thanks.

I WAS WORKING WITH PUBLIC COMPANY FORM LAST 2 YEARS. THERE I WAS HAVING PF ACCOUNT. NOW I CHANGED JOB IN PRIVATE COMPANY AND PF ACCOUNT GOT TRANSFERRED.ARE THAT 2 YEARS WILL BE COUNTED IN TOTAL 5 YEARS FOR TAX IMPLICATIONS.?

What is the meaning of continuous 5 years of services. I am total 10 years experienced person and working in 4th company in this tenure. I got PF transferred every time. But when I switched my companies, typically I kept a gap of 1/2 weeks. In this case will it not be considered as continuous service? Or does continuous service means getting salaries & vis-a-vis PF amount every month, doesnt matter from which employer it comes with the fact that PF amount was transferred from previous to new employer? Kindly suggest

Hello, In July 2011 I changed my company after 5years of service and joined another in India on next day. In the same year(2011) I withdrawal my PF from pervious company. Then next year in june2012 I again changed company out of India, becomes NRI and then withdrawal the all PF from July2011 to jun2012. So what component of my withdrawal PF in FY 2012-13 will be taxable?

My PPF a/c will mature next year after extension of 5 years. Will I have to return the tax benefit on the deposits I made during the precedings three years of my withdrawal of the deposits. As there is lock in period of -3- years in all the schemes covered un section 80 of income tax Act.

Sir, will please tell us regarding deduction of TDS on interest paid in case of RPF in excess of exempted limit,

Sir, as per section 17 it is a part of salary but at the same time there is no employer- employee relation between Recognized PF Trust and employee of the organisation who is liable for PF,

So kindly tell me that who has to deduct TDS on excess interest paid on interest to members of PF Trust a)Employer organisation or b) PF Trust it self and also tell me under which section it is to be deducted.

I joined a company A in Sept.’2008 which had recognised provident fund. I changed my job in Sept.2011 and another company B had also recognised PF. I didn’t transfer my PF balance to company B. in Nov.’12, I changed the company again and joined company C. the company C has only two employees and hence no PF. Can I withdraw fund from my previous employers without paying any tax? Can I withdraw money and deposit in my housing loan so that no tax should be levied on my withdrawl? As the company C has no obligation to have PF, can withdrawal in such a circumstances will attract tax? As this situation is beyond my control. Can I open a personal PF account and deposit the entire withdrawl into that account. In short, I don’t want to pay tax on withdrawl as it was not a desired action o my part to withdraw the money but a forced circumstances.

My PF with my previous employers is yet to be withdrawn. Its been 5yrs I haven’t withdrawn my pf balance. Would you please guide me with the procedure as to how can I withdraw my pf balance from my previous employer.?

i was working with RBS for 3 years after that i have discontinued to my services. and i withdraw my PF. they have deducted 30.90% TDS on it. moreover than have gven me interest 7.75% (PF maintained by company itself)for 2012 -2013 whereas interest is 8.6% for current year fix by govt.

now my question is

1. at what % they should deduct my TDS. 2. can any tust who is maintaining employee PF fix lesser interest of PF than what govt has fixed.

I worked for 24 years in one organisation. I left at the age of 49 years. After the completion of 50 years PF pension starts. I received after 5 years i.e. the age of 55 commutation and pension arrears of total Rs. 83000/-. should I pay tax on this amount?

My sister has recently left her job and settled abroad (where she is employed as well). When she asked for a PF withdrawal from her previous employer, she was informed that the withdrawal would attract a TDS of 30% as she had not completed 5 years in her previous job. Kindly inform whether this is in order ? Is there any way that the tax can be avoided legally ? Thanks

Sir, Father is an IT assesse.He has already invested Rs.70,000 in PPF & RS.30,000 in NSC. Thus the the maximum is reached for exemption under Sec 80c.Grand father gift Rs. one lac to his grand daughter.A ppf account is opened by the father in the name of his minor daughter. The interest earned from PPF is exempt from Tax.There is no question of exemption under SEC 80C.The problem is whether the interest earned from the minor’s PPF a/c is exempt from IT or not. Further can the minor’s PPF a/c preclosed or not. kindly enlighten me with your advice. with regards natarajan

In continuation to tax treatment on EPF withdrawl for service less than 5 year, my question is –

1. How soon should my next employment be in order to save tax on RPF from previous company. 2.I have worked less than 5 years and have left the job, if I get another job after two months can I transfer my PF from 1st company to second company. 3.And finally say after 6 years of total service I stop working and then want to withdraw the RPF. will it be taxable (since my working is four and half in one company and after gap of 2 months one and half in second company. 4. Will there be tax.

QUESTION:- DEAR SIR MAY I KNOW, RAGARDING SALARY STRUCTURE LIKE BASIC+CONVEYANCE ALLOW.+ HRA+SPL.ALLOW.+SKILL DEVLP.ALLOW.,CAN A EMPLOYER GIVE SALARY TO EMPLYEE IN MANY -2 ALLOWANCE FORM WITH COTEGORISATION AS ASSTT. TO JR.EXEC. OR SALARY RS.UP TO 20,999/- ONLY BASIC+SPL.ALLOW.& CAN EMPLOYER GIVE TO THIER EMPLOYEE ABOVE FROM EXECUTIVE TO ABOVE ALL OR SALARY RS.FROM 21000- TO AVOBE IN FORM OF BASIC+CONVEYANCE ALLOW.+HRA+SKILL DEVLP.ALLOW.+SPL.ALLOW.? WHY ARE SO MANY DIFFERENCES IN SALARY BIFURCATION ALLOWANCES ? IN CURRENT ARE GOV.MADE ANY RULE LIKE THIS DOING ? ARE LOWER SALARY BELOW RS.20999/-EMPLOYEE LIVING IN SELF HOUSE & USING HIS PERSONEL VEHICLE & HIRE SALARY INCOME EMPLOYEE LIVING IN RENTAL HOUSE & USING PUBLIC TRANSPORT ? SO GETTING CONVEYANCE ALLOW. HRA.IN SALARY FRO THEIR EMPLOYER ? MAY I KNOW WHAT IS THE PROCEDURE OF SALARY STRUCTURING IN CO. IT MEANS HIRE LEVEL EMPLOYEE CAN SAVE TAX THRU.HRA & CONVEYANCE ALLW.& LOWER EMPLOYEE GIVE TAX ??………..? IF POSSIVLE PLS…..GIVE THE ANSWER…… THANKS